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Lead Based Paint Disclosure

Draft EPA-Compliant Lead Paint Disclosures in Minutes

8 minutes with CaseMark

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Lead Based Paint Disclosure

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Workflow

Lead Based Paint Disclosure

Overview

Preparing lead-based paint disclosures requires researching current EPA and HUD requirements, verifying compliance with Section 1018, reviewing property documents for lead-related information, and ensuring all mandatory elements are included. Manual drafting takes hours of research and cross-referencing to avoid compliance errors that could derail closings or expose clients to liability.

Creating lead-based paint disclosures for pre-1978 properties is time-consuming and risky. Missing required elements can result in EPA penalties up to $16,000 per violation, treble damages in lawsuits, and transaction delays. Manual drafting requires careful attention to federal regulations under 42 U.S.C. § 4852d and EPA Section 1018.

CaseMark automates the entire lead-based paint disclosure process, ensuring every federal requirement is met. Simply upload your property and transaction documents, and receive a fully compliant, execution-ready disclosure that satisfies EPA, HUD, and federal law requirements in minutes.

How it works

  1. 1. Upload your documents

  2. 2. AI analyzes and extracts key information

  3. 3. Review and customize the generated content

  4. 4. Export in your preferred format (DOCX, PDF)

What you get

  • Document Header with Property and Party Details

  • Seller/Landlord Disclosure Statement

  • EPA Pamphlet Provision Confirmation

  • Buyer/Tenant Inspection Rights Notice

  • Buyer/Tenant Acknowledgment Section

  • Certifications and Signature Blocks

What it handles

  • Document Header with Property and Party Details

  • Seller/Landlord Disclosure Statement

  • EPA Pamphlet Provision Confirmation

  • Buyer/Tenant Inspection Rights Notice

  • Buyer/Tenant Acknowledgment Section

  • Certifications and Signature Blocks

Required documents

  • Property Information

    Property address, legal description, construction date, and transaction type (sale or lease)

    PDF, DOCX, TXT

  • Party Information

    Names and contact details for sellers/landlords, buyers/tenants, and real estate agents

    PDF, DOCX, TXT

Supporting documents

  • Lead Inspection Reports

    Previous lead-based paint inspection or risk assessment reports by certified inspectors

    PDF, DOCX

  • Abatement Documentation

    Records of lead hazard reduction work, remediation, or clearance certificates

    PDF, DOCX

  • Prior Disclosure Records

    Previous lead-based paint disclosures or testing results for the property

    PDF, DOCX

  • Property Records

    Deed, title documents, or other records confirming property age and ownership

    PDF, DOCX

Why teams use it

Generate EPA Section 1018 compliant disclosures in under 10 minutes

Automatic web research of current EPA and HUD requirements with source citations

AI analysis of property documents to extract lead-related information

Built-in verification against federal standards and bar association guidelines

Includes all mandatory sections: seller disclosure, pamphlet confirmation, inspection rights, and certifications

Questions

What properties require a lead-based paint disclosure?

Federal law requires lead-based paint disclosures for all residential properties built before 1978, whether being sold or leased. This includes single-family homes, condominiums, apartments, and multi-family properties. The disclosure must be provided before a buyer or tenant becomes obligated under a contract, and all parties must retain signed copies for at least three years.

What are the penalties for not providing a lead-based paint disclosure?

Failing to provide proper lead-based paint disclosure can result in severe consequences. The EPA can impose civil penalties up to $16,000 per violation. Buyers or tenants can file private lawsuits seeking treble damages plus attorney's fees. Knowing and willful violations may result in criminal liability. These penalties apply even if no lead paint is actually present in the property.

Do buyers have the right to conduct a lead paint inspection?

Yes, for purchase transactions, federal law requires sellers to provide buyers with a 10-day opportunity to conduct a lead-based paint inspection or risk assessment at the buyer's expense. Buyers can waive this right, or the parties can negotiate a different time period. For lease transactions, the inspection opportunity is not required, though tenants must still receive the disclosure and EPA pamphlet.

What if I don't know whether my property has lead-based paint?

You must still complete the disclosure even without actual knowledge of lead paint. The disclosure allows you to state that you have no actual knowledge of lead-based paint or hazards after reasonable inquiry. You must still provide the EPA pamphlet 'Protect Your Family from Lead in Your Home' and offer the inspection opportunity for sales. Not knowing does not exempt you from the disclosure requirement.

How does CaseMark ensure my disclosure is compliant?

CaseMark's disclosure generator is built on the exact requirements of 42 U.S.C. § 4852d, EPA Section 1018 regulations, and 24 CFR Part 35. It includes all federally mandated sections, proper acknowledgment language, required certifications, and signature blocks. The system automatically structures the document to meet EPA and HUD standards, reducing the risk of costly compliance errors.

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